Hon. S.L. Akintola V. Sir Adesoji Aderemi & Anor (1962)

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ADEMOLA, C.JF

ON the 21st day of May, 1962, the above-named plaintiff filed an action in the High Court at Ibadan in Western Nigeria against the 1st defendant claiming as follows:-

(i) A Declaration that there is no right in the Defendant to relive the Plaintiff of his office as Premier of Western Nigeria under s.33(10) of the Constitution of Western Nigeria in the absence of a prio resolution/decision of the Western House of Assembly reached on the floor of the House to the effect that the Plaintiff no longer commands the majority of the members of the House of Assembly.

(ii) An injunction to restrain the Defendant from purporting to relieve the Plaintiff of his office as Premier of Western Nigeria under s.33(10) of the Constitution of Western Nigeria in the absence of a prior resolution/decision reached on the floor of the House of Assembly to the effect that the Plaintiff no longer commands the support of a majority of the members of the House of Assembly.

At the same time there was filed with the Court a Notice of Motion for an order of interim injunction to restrain the 1st defendant “from purporting to relieve the plaintiff of his office as Premier of the Western Region in the absence of a resolution of the House of Assembly to the effect that he no longer commands the support of the majority of members of the House of Assembly”. Subsequent to the filing of the Writ and Notice of Motion, the 1st defendant by a notice purported to remove the plaintiff from the office of Premier and proceeded to swear in the 2nd defendant as the Premier of the Region. The plaintiff thereupon sought and obtained the leave of the Court to add to his claims two more reliefs as follows:

(iii) A Declaration that the purported removal of the Plaintiff by the Defendant as Premier of Western Nigeria is invalid and of no effect.

(iv) An injunction to restrain the Defendants from usurping or permitting anyone to usurp the duties of the Plaintiff as Premier of Western Nigeria unless and until he resigns or is constitutionally relieved of the office.

At this stage leave was obtained by the plaintiff to join the 2nd defendant in the action. Subsequently, the 2nd defendant obtained the leave of the Court to file a counter-claim.

On the 29th May, 1962, the plaintiff, in accordance with the Order of Court, filed a Statement of Claim to which a Statement of Defence and counter-claim were filed jointly on behalf of the two defendants. The Counter-claim reads:

The Defendants claim:

(1) A declaration that the removal of the Plaintiff from the office of Premier of Western Region was valid and effective.

(2) A declaration that the 2nd defendant was validly and lawfully appointed as Premier by the first Defendant and that the second Defendant has ever since the 21st May, 1962, been entitled to act and to exercise all powers and to discharge all the functions of Premier of the Western Region.

(3) An injunction to restrain the Plaintiff from purporting to act as Premier of the Western Region or from exercising any of the forms or discharging any of the functions of Premier of the Western Region.

Upon this matter coming up for hearing before the High Court, Ibadan, on 5th June, 1962 after a preliminary argument, including an application under Section 108 of the constitution of the Federation to have certain points referred to the Federal Supreme Court, it was decided to refer the matter and counsel on both sides agreed that the following issues be so referred:-